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Legal aspects of buying real estate in Poland for foreigners

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Consultant # 63
Consultant # 63
Lawyer
Poland / Warshawa

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Publication date: 13.11.2024

Legal aspects of buying real estate in Poland for foreigners

Buying real estate in Poland is a promising investment for many foreigners, including Ukrainians. The procedure for purchasing a property may vary depending on the status of the buyer, the type of property and the purpose of the purchase. Whether you are planning to buy a residential property or commercial premises for a business, it is important to comply with the legal requirements of Poland. Lawyer's consultation or the advice of a lawyer will allow you to better understand all legal aspects and avoid possible difficulties during the transaction.

What types of real estate can foreigners buy in Poland

Depending on the type of real estate chosen, the purchase procedure may have its own nuances. Most often, foreigners buy residential real estate, such as apartments or houses, but it is also possible to buy commercial premises and land plots. However, buying certain types of property, such as land outside urban areas, may require a permit.

The main types of real estate available for purchase:

  1. Residential real estate (apartments, houses).
  2. Commercial real estate.
  3. Land plots in cities and beyond.

Before buying, you should get a legal analysis of a situation to make sure that the chosen type of property can be bought without additional permits.

Does a foreigner need a permit to buy real estate

Polish legislation regulates the process of buying real estate by foreigners and in some cases requires obtaining a permit. For example, the purchase of a plot of land outside the urban area or agricultural land requires permission from the Ministry of the Interior of Poland.

Question

Do foreigners need a permit to buy an apartment in Poland?

Answer

Foreigners do not need a permit to buy apartments located in Polish cities. However, permission is required for certain types of property, such as land outside urban areas. A lawyer in Poland will help you understand the legal requirements and avoid difficulties.

Step-by-step procedure for buying real estate

The process of purchasing real estate in Poland consists of several stages. First, you should find a suitable property, and then conduct a legal analysis of the documents related to the object. This will avoid risks and ensure the legality of the transaction.

The main stages of buying real estate:

  1. Selection of a real estate object and verification of documents.
  2. Signing a preliminary contract with the seller.
  3. Signing a notarial contract of sale.

A lawyer in Warsaw will help to analyze the documents and provide legal support at every stage of the process.

The importance of checking documents when buying real estate

Before signing the contract of sale, it is necessary to check all documents related to the real estate object. This includes legal analysis of the documents for compliance with current Polish legislation and protection against possible legal risks.

Documents to check before purchase:

  • Sales contract.
  • Ownership documents.
  • Act of putting the facility into operation (for new buildings).

Checking the documents by a lawyer will make sure that the agreement is legal and that there are no risks.

Terms of the sales contract: what you should pay attention to

The sales contract is the main document that establishes all the terms of the agreement. Signing this document without proper verification can lead to problems in the future, so consulting with a lawyer will help clarify all the details of the contract.

Question

Is it possible to amend the sales contract?

Answer

Yes, before signing the sales contract, the parties can discuss and make the necessary changes. This requires the lawyer's consultation to ensure that the contract is in the best interests of the buyer and complies with the requirements of the law.

Notarization of the agreement

All real estate transactions in Poland must be notarized. This is a mandatory requirement that guarantees the legality of the agreement and the protection of the buyer's rights. During the signing of the notarial contract, a lawyer in Poland can be present to ensure the protection of the client's interests.

The main stages of notarization:

  • Preparation of the sales contract.
  • Conclusion of the agreement in the presence of a notary.
  • Entering data into the real estate register.

A legal opinion of a lawyer or a lawyer's consultation will make it possible to make sure that the contract complies with the requirements of the law.

Post-purchase obligations of the real estate buyer

After completing the purchase procedure, the buyer must complete a number of formalities. This includes registering the right of ownership in the relevant registry and paying the necessary taxes.

Main post-purchase obligations:

  1. Registration of ownership in the real estate register.
  2. Payment of real estate tax.
  3. Entering data into the municipal register.

Consulting a lawyer will help you complete all the necessary formalities and avoid possible fines.

Use of online accounts for real estate management

Modern technologies allow you to effectively manage your real estate with the help of online accounts provided by banks and municipal authorities. This is convenient for obtaining information about taxes, maintenance costs and other financial obligations.

Advantages of using online accounts:

  • Access to information about the status of accounts and payments.
  • Quick access to current information about the object.
  • Convenience in paying taxes and utilities.

Consulting with a lawyer will help you set up online accounts for real estate management.

Legal advice and support when buying real estate

Consulting a lawyer or an attorney in Poland is an important stage in the process of buying real estate. The lawyer will help verify the legality of the agreement, prepare all the necessary documents and ensure the protection of the buyer's interests at each stage of the procedure.

Advantages of legal support when buying real estate:

Evaluation of the legality of the real estate object.

Checking the terms of the contract.

Written consultation on all legal issues.

Contacting a lawyer allows you to get legal advice at all stages of the purchase process.

Written consultation before buying real estate

Getting a written consultation before buying real estate will help Ukrainians in Poland to avoid legal mistakes and get detailed explanations of all aspects of the deal.

Advantages of written consultation:

  • Detailed legal opinion on the object.
  • Recommendations regarding the terms of the contract.
  • Assessment of investment risks and prospects.

A lawyer's legal opinion will allow you to get all the necessary information to make a well-founded decision regarding the purchase of real estate.

Conclusion

Buying real estate in Poland is an important step that requires a careful approach to legal issues. Investing in residential or commercial real estate has its own peculiarities for foreigners, and compliance with legal requirements is key to a successful transaction. Lawyer's consultation or attorney in Warsaw will help avoid possible risks and provide support at all stages of the purchase. Contact the CONSULTANT legal marketplace for professional help and legal advice during the process of buying real estate in Poland.

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